Tourism Industry Act Regulations

c t TOURISM INDUSTRY ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to September 5, 2015. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: [email protected] Tourism Industry Act Regulations Section 1 c TOURISM INDUSTRY ACT Chapter T-3.3 REGULATIONS Pursuant to section 11 of the Tourism Industry Act R.S.P.E.I. 1988, Cap. T-3.3, Council made the following regulations: 1. Definitions In these regulations (a) “Bed & Breakfast establishment” means a tourism establishment that is a private residence having up to ten bedrooms where (i) the bedrooms are assigned for the exclusive use of a guest or party of guests, (ii) hospitality is provided directly by the tourism operator, and (iii) a continental or more substantial breakfast is provided for each guest; (b) “campground or RV park” means a tract or parcel of land used or permitted to be used by the travelling public that provides sites for tents, trailers, or motor homes and may also be called an RV park but shall not include industrial, work or construction camps or permanent mobile home parks; (c) “camping cabin” means a weatherproof structure used for the purpose of sleeping; (d) “Canadian Standards Association” means the independent, not for profit organization responsible for standards development and the application of these standards through product certification, management systems registration, and information products; (e) “Cottage establishment” means a tourism establishment that has one or more rental units (i) the majority of which have a private entrance from the outside, and (ii) all of which have at least a three-piece bath; (f) “Department” means the Department of Tourism; (g) “Fishing or Hunting establishment” means a tourism establishment that provides the services required by hunters or fishers, or both; (h) “guest” means any person who contracts for accommodation or a site in a tourism establishment; (i) “Hospitality Home establishment” revoked by EC492/04; (j) “Hotel or Motel establishment” means a tourism establishment where (i) one or more rental units are contained in one building, and c t Updated September 5, 2015 Page 3 Section 1 Tourism Industry Act Regulations (ii) each rental unit has at least a three-piece private bath; (k) “Inn establishment” means a tourist establishment where (i) the tourism operator provides personal service to guests, (ii) the majority of guests have access to rental units from within the establishment, (iii) each rental unit has at least a three-piece private bathroom, (iv) the main entrance and common areas of the establishment used by guests are separate from the entrances and areas used exclusively by the tourism operator, and (v) breakfast and dinner are served in the establishment; (l) “partially serviced site” means a camping site on which water or electrical service or both are provided for guest use; (m) “private bathroom” means a fully-partitioned bathroom which may or may not open directly from and form part of the rental unit, and which is for the exclusive use of guests occupying the rental unit; (n) “quality incentive program” means the quality incentive program established pursuant to section 5; (o) “rental unit” means the portion of a tourism establishment assigned to the exclusive use of the guest or party of guests; (p) “Resort establishment” means a tourism establishment where (i) four or more rental units are contained in one building, (ii) each rental unit has at least a three piece private bathroom, (iii) full service dining is provided on premises, and (iv) recreational facilities are provided on premises; (q) “semi-private bathroom” means a fully-partitioned bathroom adjacent to and opening directly from each of two rental units, for the exclusive use of the guests occupying the units; (r) “serviced site” means a site within a campground on which water, sewage, and electrical services are provided for guest use; (s) “tent site” means a plot of land designated within a campground for the purpose of accommodating a tent; (s.1) “tourist home” means a tourism establishment, including a tourist home, that is a private residence having up to ten bedrooms where (i) the bedrooms are assigned for the exclusive use of a guest or party of guests, and (ii) hospitality is provided directly by the tourism operator; (t) “trailer” means a travel trailer, motor home, or any vehicle used or constructed to permit it to be used as a temporary dwelling, but shall not include a mobile home that is constructed and used for year round occupancy; (u) “trailer site” means a plot of land designated within a campground for the purpose of accommodating a trailer; (v) “unserviced site” means a site within a campground on which water, sewage, and electrical service is not available; (w) “wilderness campground” means a campground designated to provide a natural environment for camping, in which modern conveniences and services would be inappropriate. (EC267/99; 699/00; EC492/04) Page 4 Updated September 5, 2015 t c Tourism Industry Act Regulations Section 2 APPLICATION AND LICENSE 2. License An applicant for a tourism establishment license shall make application to the Minister on Form 1 of Schedule 1. (EC267/99) 3. Display of license Every tourism operator shall display the tourism operator’s current license in the part of the tourism establishment in which the register is kept. (EC267/99) 4. License (1) A tourism establishment license shall be in Form 2 of Schedule 1. Validation (2) Where a tourism operator has held a license for the same tourism establishment in respect of the preceding year, the Minister, instead of issuing a new license in Form 2 of Schedule 1, may issue a validation sticker bearing the relevant expiry date. Idem (3) Where a validation sticker has been issued to a tourism operator pursuant to subsection (2), the tourism operator shall affix the validation sticker to the tourism operator’s license. Fees (4) The fees for a tourism establishment license are as set out in Schedule 2. New license fee (5) New license applications for tourism establishments shall be assessed a non-refundable new tourism establishment property inspection fee as set out in Schedule 2, which shall be payable at the time of application. Re-inspection fee (6) Re-inspection fees shall be payable for second and each subsequent inspection necessary for a tourism establishment to be licensed. Idem (7) Re-inspection fees are as set out in Schedule 2. (EC267/99; 378/12) 4.1 Exemptions (1) When issuing a license to a tourism operator under subsection 2(3) of the Act, the Minister may, if the Minister considers it appropriate to do so, exempt the tourism operator from compliance with such provisions of the regulations, and for such period of time, as the Minister considers appropriate. License to set out exemptions (2) Any exemption granted to a tourism operator under subsection (1) shall be stated on the license issued to the tourism operator. (EC464/13) c t Updated September 5, 2015 Page 5 Section 5 Tourism Industry Act Regulations 5. Quality incentive program (1) There is established a quality incentive program to encourage tourism operators to create and maintain tourism establishments of the highest quality in facilities, cleanliness, and state of repair. Criteria (2) Tourism establishments which meet the following criteria may be eligible to participate in the quality incentive program: (a) the tourism establishment demonstrates its continuing commitment to excellence in its physical product as well as cleanliness and state of repair; (b) the tourism establishment complies with the Act and the regulations for a minimum of three years; (c) the tourism establishment is a participant in good standing of the Canada Select or Camping Select rating program; (d) complaints received, within the preceding three years of operation, have not been substantiated; (e) fees, as set out in Schedule 2, are paid in full. Inspections (3) Tourism establishments participating in the quality incentive program shall be inspected on a biennial basis, in conjunction with rating evaluation required by clause (2)(c). Fee (4) Tourism establishments participating in the quality incentive program shall be assessed a fee equal to 50% of the licensing fee, as set out in Schedule 2, for the year in which the tourism establishment is not inspected. Termination of participation (5) Where the structure and layout of the accommodations of a tourism establishment have, in the opinion of the Minister, been significantly changed after the tourism establishment began participating in the quality incentive program, the Minister may, by notice to the tourism operator of the tourism establishment, terminate the participation of the tourism establishment in the quality incentive program. Eligibility (6) Where the participation of a tourism establishment in the quality incentive program is terminated under subsection (5), the

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